Keval Singh Patel v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3065 of 2021 • Keval Singh Patel S/o Shri Hinjraj Patel, Aged About 21 Years, R/o Village Sirsida, P.S. Gunderdehi, Tahsil- Gunderdehi, District- Balod (Chhattisgarh), District : Balod, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through: Police Station Gunderdehi, District Balod (Chhattisgarh), District : Balod, Chhattisgarh ----Non-applicant For Applicant - Shri Rahil Arun Kochar and Shri Gyan Prakash Dandekar, Advocates.

For Non-applicant/State - Shri Shakti Singh Thakur, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 02-08-2021 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 23-03-2021 in connection with Crime No.68/2021 registered at P.S. - Gunderdehi, District Balod, Chhattisgarh for the offence under Section 354, 294, 323 read with Section 34 of the IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2.

It is submitted on behalf of the applicant, that the applicant has been falsely implicated because of the dispute that raised between the applicant and the complainant. The applicant is in jail since 23-03-2021. Charge sheet has been filed. Therefore, it is prayed that the applicant be granted bail. 3.

Learned counsel for the State/non-applicant opposes the application submitting that there is direct evidence against the applicant in the diary statements, therefore, he is not entitled for grant of bail. 4.

Panel Lawyer who is appearing through Help Desk of DLSA Balod has submitted that the complainant has informed him to object on this bail application.

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Heard learned counsel for the parties and perused the case diary. 6.

According to the prosecution case, on the date of incident this applicant pinched the minor victim aged 12 years because of which the complainant had a dispute with the applicant. Subsequent to which, the applicant has abused and beaten the complainant, regarding which the FIR has been lodged. 7.

Considered on the submissions. For the reason that the applicant is in jail since about more than four months and the trial is likely to take some time, therefore, I feel inclined to allow this application. 8.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil